Grounds for rescission
Applied in 10 court decisions — leading case Schmidt v. Wildcat Cave, Inc. (1977)
Most recently applied in Cal SD, LLC v. Interwest Leasing, LLC (December 2024)
Source: CivC 1877, § 2008; CL 1887, § 4641; RCivC 1903, § 2353; RC 1919, § 2024; SDC 1939 & Supp 1960, § 37.0701.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The rescission of a written contract may be adjudged on the application of a party aggrieved:
(1) In any of the cases mentioned in § 53-11-2;
(2) Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;
(3) When the public interest will be prejudiced by permitting it to stand.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.